Whether an employer can legally reject a doctor’s note depends on the nature of the employee’s absence. While employers generally have broad discretion over attendance policies, this authority is often superseded by federal and state laws. The legality of a refusal is determined by whether the absence involves a standard sick day, a serious health condition, or a protected disability. Employers have limited power when an absence falls under a legal protection.
The General Rule of Employer Discretion
In most employment situations not involving a protected medical condition, employers operate under the principle of at-will employment. This framework allows companies to establish their own rules regarding attendance and the documentation required to excuse an absence. For standard, short-term sick leave, an employer is generally free to set internal policies on when a doctor’s note is required and what information it must contain.
An employer can refuse a note or request further details if the documentation does not comply with a clearly communicated, non-discriminatory company policy. For example, if a policy requires a note for any absence exceeding two days, a note for a four-day absence that lacks necessary dates could be rejected as insufficient. This discretion is extensive, but it quickly shrinks when statutory rights become involved.
When Federal Law Mandates Acceptance Under FMLA
The Family and Medical Leave Act (FMLA) limits an employer’s ability to reject medical documentation when an employee takes leave for a serious health condition. If an eligible employee seeks FMLA-protected leave, the employer must accept the medical certification provided it is “complete and sufficient.” This certification must establish that the employee or a covered family member has a condition involving inpatient care or continuing treatment by a healthcare provider, and that the employee is unable to perform their job functions.
The employer cannot demand the specific diagnosis, but the certification must contain sufficient medical facts to establish the necessity of the leave. This includes the date the condition began and its expected duration. If the employee provides a certification that meets all regulatory requirements, the employer must accept it to approve the FMLA leave request. Rejecting sufficient FMLA certification is considered interference with an employee’s rights under the Act and carries significant legal risk.
Refusal in the Context of Disability Accommodation
The Americans with Disabilities Act (ADA) requires employers to accept medical documentation related to a qualified disability. A doctor’s note is often the primary tool an employee uses to establish a physical or mental impairment that substantially limits a major life activity and to request a reasonable accommodation. The employer must accept this documentation to initiate the “interactive process.”
Employers cannot arbitrarily reject sufficient medical documentation that confirms a disability and outlines necessary work restrictions or accommodations. Rejecting the documentation without a valid reason risks illegally denying a necessary accommodation. The documentation must be sufficient to confirm the existence of the disability and the functional limitations it imposes, but the employer is not entitled to excessive or unnecessary medical details.
Employer Rights to Verify and Challenge Documentation
Federal laws mandate the acceptance of sufficient documentation, but they also provide employers with rights to verify and challenge the information received. An employer is not obligated to accept documentation that is “incomplete,” such as one missing the provider’s signature or the duration of the incapacity. A note is “insufficient” if the information is vague, unclear, or non-responsive to the certification form questions.
Under FMLA, if an employer doubts the validity of the initial certification, they can request a second opinion from a healthcare provider of their choosing, at the employer’s expense. If the first two opinions conflict, the employer can require a binding third opinion from a mutually agreed-upon provider. Employers are also permitted to contact the employee’s healthcare provider to clarify or authenticate the documentation, provided the employee has signed a proper authorization. Rejecting a note because it is incomplete or seeking clarification through these established statutory channels is legally permissible.
The Impact of State and Local Sick Leave Laws
State and municipal paid sick leave (PSL) laws restrict employer discretion, especially for short-term illnesses that do not meet the FMLA’s definition. These local statutes often dictate the minimum threshold for when an employer can request a doctor’s note. Many jurisdictions prohibit employers from requiring a note for absences of fewer than three or four consecutive workdays.
If an absence meets the criteria for protected leave under a PSL law, the employer must accept the documentation provided it meets the minimal requirements set by the ordinance. These laws often specify that a simple statement from a healthcare provider confirming the need for time off is sufficient proof of illness. Rejecting a compliant doctor’s note for a protected absence, or requiring documentation below the legal threshold, violates that specific law.
Addressing Company Policies and Collective Bargaining Agreements
Internal company policies and Collective Bargaining Agreements (CBAs) can create contractual obligations mandating the acceptance of a doctor’s note. If a company handbook explicitly states the criteria for accepting medical documentation for paid leave, management must adhere to those published rules. Refusing a compliant note violates the written policy, creating a potential claim for breach of contract or violation of the employee handbook.
For union employees, the CBA is a legally binding contract detailing provisions regarding sick leave and medical documentation. These agreements specify the exact conditions under which a note must be accepted, such as for accrued sick time or return to work. Violating the terms of a CBA by rejecting valid medical documentation can lead to a formal union grievance and arbitration.